Florida Insurance Blog

Florida Insurance Blog

Providing Insight Into Florida Insurance Law and Litigation

Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are about 100,000 attorneys in Florida, less than 100 hold these two Board Certifications...MORE

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Pre-Litigation “Discovery” in PIP

Posted in Auto Insurance, PIP

In Shands Jacksonville Medical Center, Inc. v. State Farm Automobile Insurance Company,  40 FLW D1447a (Fla. 1st DCA June 22, 2015), the First District Court of Appeals ruled on the ways a PIP carrier can obtain information from PIP medical providers in Florida pre-litigation. In this case, State Farm, sent a pre-litigation request to Shands… Continue Reading

2 Lawsuits Against 21st Century for Failing to Pay Medical Payments Coverage

Posted in PIP

My clients were injured in a motor vehicle accident.  Before the accident, they wisely took out substantial automobile insurance to protect them, including coverages for bodily injury liability, uninsured motorists coverage, personal injury protection, and medical payments. As a result of the accident, they incurred medical expenses.  These medical expenses were properly submitted to their… Continue Reading

11th Circuit Issues Opinion on MCS 90 and Coverage Continuing After Expiration of Policy

Posted in Auto Insurance, MCS-90

In Waters v. Miller, ____ F.3d ____ (11th Cir. April 15, 2009), Waters was rear-ended by Miller’s tractor-trailer on November 29, 2005.  At the time of the accident, Miller was hauling cars from Florida to Georgia.  Miller carried commercial vehicle insurance with Progressive Express Insurance Company.  Progressive denied the claim asserting that the policy period was September… Continue Reading

Dec Action Filed Seeking Declaration Concerning Amount of Available UM Benefits

Posted in Auto Insurance, Uninsured/Underinsured Motorist

Our client bought car insurance from Nationwide.  A few years later, Nationwide transferred the insurance to Allied insurance, a subsidiary of Nationwide.  Later, our client was injured in an automobile accident caused by an underinsured motorist.  Allied has stated that there is only $10,000 in UM available under the Allied policy.  Our client has $100,000 in… Continue Reading

4th DCA (Mis?)Speaks on Releasing Future PIP Benefits

Posted in PIP

In United Automobile Insurance Company v. Palm Chiropractic Center, Inc., a/a/o Thomas, ____ So.3d ____ (Fla. 4th DCA 2010), the PIP insurer sent the insured for a compulsory medical examination.  Based on the results of the CME, the PIP insurer advised the insured’s medical provider that it would not pay for any further chiropractic care.  The… Continue Reading

4th DCA Agrees that UM Insured Does Not Have to Sue At-Fault Driver Before Suing for UM Benefits

Posted in Uninsured/Underinsured Motorist

In Saris v. State Farm Mutual Automobile Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2010), Saris carried uninsured motorists insurance with State Farm.  The insured was injured by a underinsured / uninsured motorist.  The insured did not pursue a claim against the person who caused the accident, but instead filed an uninsured motorists claim against State Farm.… Continue Reading

Interstate Trucking and the MCS-90 Endorsement

Posted in Insurance Coverage - General, MCS-90

Mr. and Mrs. Yeates were severely injured when the vehicle Mrs. Yeates was driving was struck head-on by a livestock truck owned by Bingham Livestock.  The Yeateses sued Bingham Livestock and the truck driver.  Bingham Livestock carried two insurance policies, one issued by State Farm and one issued by Carolina Casualty.   State Farm tendered its… Continue Reading

PIP Fee Schedules DO NOT Apply to Accidents Occurring Before 1/1/08

Posted in Auto Insurance, PIP, Reimbursable PIP Charges

In Geico Indemnity Company v. Physicians Group, LLC, a/a/o Paul Androski, ____ So.3d ____ (Fla. 2nd DCA August 13, 2010), the 2nd DCA ruled that the PIP fee schedules which went into effect on January 1, 2008, do not apply to any accidents that occurred before that date.  The opinion was fairly short and straightforward.  Specifically,… Continue Reading

Lawsuit Filed Against Auto Insurance Company for Denying Claim to “Regular Operator”

Posted in Auto Insurance, Declaratory Judgment Actions

My client owns an HVAC business and insures his business and two vehicles through Infinity Insurance.  His son had an accident while driving one of his business vehicles.  The son rarely drives that vehicle.  There was damage to the company vehicle, and claims have been presented against the HVAC business for damages. Infinity denied the… Continue Reading

Lawsuit Filed Against Auto Insurer for Improperly Cancelling Insurance and then Denying Claim

Posted in Auto Insurance, Cancellation

My client pays cash for his automobile insurance.  He makes his payments to his insurance agent.  After being involved in a very serious multi-vehicle accident, his car insurance company told him that it had canceled his insurance for non-payment of premium before the accident.  My client has records showing that his payments were in fact made. … Continue Reading

Lloyds Estopped from Asserting “Garaging Warranty” by Failing to Deliver Policy

Posted in Auto Insurance, Complying with Policy Conditions

In Lloyds Underwriters v. Keystone Equipment Finance Corp., 25 So3d 89 (Fla. 4th DCA 2009), the insured obtained an insurance policy from Lloyds providing liability coverage on a commercial tractor-trailer.  The policy’s effective date was November 30, 2004.  The tractor-trailer was stolen December 18, 2004.  The policy provided coverage for loss due to theft, but Lloyds… Continue Reading

New Lawsuit Filed for Gap Insurance

Posted in Gap Insurance

I filed suit today against Auto Gap Insurance Company for failing to pay benefits under a gap insurance policy.  My client purchased gap insurance when she purchased her car.  (Gap insurance is intended to pay a borrower for the "gap" between what is owed on a vehicle and the market value of the vehicle in… Continue Reading

GEICO Waives “Coverage Defenses” by Failing to Comply with the Claims Administration Statute

Posted in Auto Insurance, Claims Administration Statute

My client’s vehicle was involved a horrendous motor vehicle accident.  Within hours of the accident, he claimed that his car had been stolen after leaving the keys in the trunk.  Months later, he pled guilty to criminal charges of leaving the scene of the accident with injuries and death.  GEICO insured my client and the vehicle for the accident.  My… Continue Reading

Employer’s Auto Policy Doesn’t Apply to Injuries to an Employee

Posted in Auto Insurance

Cabellero was driving a company vehicle on the job when he crashed, killing himself and injuring Bautista, a co-employee.  Bautista sued Caballero’s estate for his personal injuries.  Mercury Insurance, the employer’s commercial auto carrier, brought a declaratory judgment action against Bautista seeking a declaration that an exclusion precluded coverage under its policy.  Cross motions for summary judgment were filed. … Continue Reading

Suit Filed Against Florida Farm Bureau for Improper Cancellation of Auto Policy

Posted in Auto Insurance, Cancellation

I filed suit today on behalf of a client against Florida Farm Bureau for improperly canceling her automobile insurance.  In order to properly cancel automobile insurance, an insurer must strictly comply with Florida Statute Sections 627.728, 627.7281 and 627.7283.  My client was involved in an accident, and submitted the claim for Florida Farm Bureau.  Florida… Continue Reading

4th DCA Agrees With 3rd That 627.736(7)(a) “Valid Report” Does Not Require a Physical Examination

Posted in PIP

In Central Magnetic Imaging Open MRI of Plantation, Ltd a/a/o v. State Farm Fire and Casualty Insurance Company, ____ So.3d ____ (Fla. 4th DCA November 18, 2009), State Farm received an MRI bill on one of its PIP insureds.  State Farm sent the MRI bill and its PIP insured’s medical records to be reviewed by its own physician to… Continue Reading

Important Decision on Fee Multiplier Issued by 1st DCA

Posted in Attorney's fees, PIP

Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier.  The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without… Continue Reading

3rd DCA Holds that a “Valid Report” Used by PIP Insurer to Withdraw Benefits Need Not Be Based on a Physical Exam by the Reviewing Physician

Posted in PIP

In United Automobile Insurance Co. v. Garrido, a/a/o Rodriguez, ____ So.3d ____ (Fla. 3d DCA October 28, 2009), the 3rd once spoke on the circumstances under which a PIP insurer can withdraw future PIP benefits.  According to the 3rd, a ‘valid report,’ even where appropriately required under section 627.736(7)(a) [i.e. when withdrawing future benefits – as opposed to denying… Continue Reading

PIP Insurer Only Needs a Written Medical Report Prior to Withdrawing Future Benefits, Not Prior For Denying Past Benefits

Posted in PIP

In United Automobile Insurance Company v. Garrido, a/a/o Alarcon, ____ So.3d ____ (Fla. 3rd DCA October 28, 2009), United Auto – a PIP insurer – denied payment for past services rendered by Dr. Garrido to the insured.  United Auto did not first obtain a written report from a physician saying that the denied charges were not reasonable, necessary… Continue Reading

“Valid Report” Not Needed for Denial of PIP Benefits (Only for Withdrawal of PIP Benefits)

Posted in PIP

In United Automobile Insurance Company v. Santa Fe Medical Center, ____ So.3d ____ (Fla. 3d DCA October 7, 2009), the medical provider took an assignment of PIP benefits from its patient.  Santa Fe submitted bills to United Auto for treatment rendered, and United Auto denied payment claiming that the treatment was not reasonable, necessary or related… Continue Reading

3rd DCA Denies Rehearing in UM Case Where State Farm Policy Conflicts with 627.727

Posted in Uninsured/Underinsured Motorist

On May 28, 2009, I blogged on Diaz-Hernandez v. State Farm Casualty Insurance Company, ____ So.3d ____, (May 27, 2009), wherein the 3rd DCA held that: the provision in the UM policy, requiring the Insured to join the uninsured motorist in the lawsuit filed against the UM carrier, State Farm, is against public policy, we reverse the… Continue Reading